Guthrie National Bank v. Fidelity and Deposit Co.

Opinion of tlie court by

Burwell, J.:

W. T. Phillips was employed by the Guthrie National Bank as bookkeeper, and for the purpose of inducing the Fidelity & Deposit Company to guarantee the faithful discharge of his duties, its president answered certain questions, and these questions, and the answers thereto, being in writing, were to be deemed the basis for the bond. And the question here presented is, are these answers to be construed as mere representations, or are they absolute warranties? We will consider but three of .these questions. They are as follows:

Question. “Has he (Phillips) kept…